See 8 CFR 274a.12(c)(14). [^ 44]See9 FAM502.1-1(C)(2),Derivative Applicants/Beneficiaries. Sometimes a priority date that is current one monthwill not becurrent the next month, or the cut-off date will move backwards to an earlier date. This page was not helpful because the content: Part A - Adjustment of Status Policies and Procedures, Chapter 3 - Eligibility and Filing Requirements, Part F - Special Immigrant-Based (EB-4) Adjustment, Part I - Adjustment Based on Violence Against Women Act, Part J - Trafficking Victim-Based Adjustment, Part Q - Rescission of Lawful Permanent Residence, How to Use the USCIS Policy Manual Website. [42], A principals natural child born after the principals LPR admission or adjustment may accompany or follow to join the principal as a derivative if born of a marriage that existed at the time of the principals admission or adjustment to LPR status. The problem is the VJ timeline's success rate may not be bad if you're a major league hitter but stinks otherwise. USCIS service request was raised as my case (H1B petition for 2018) was outside normal processing time. L. 104-208 (PDF), 110 Stat. However, principal petitioners for U nonimmigrant status and their qualifying family members living in the United States do not need to submit proof of economic necessity to receive a bona fide determination EAD under category (c)(14) as there is a presumption of economic necessity. You can apply for H4 visa stamp outside USA and then come back once it is approved. Note: On June 22, 2021, the U.S. District Court for the Northern District of California, inBehring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated theEB-5 Immigrant Investor Program Modernization Final Rule (PDF). Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to incorporate changes resulting from the EB-5 Reform and Integrity Act of 2022. [69] Any request to withdraw must be made in writing to the USCIS office listed on the receipt notice for Form I-765. Thisincludesapplicants who areimmediate relatives. The beneficiary has already used the petition to immigrate. Step-by-Step Overview of Adjudication of INA 245(i) Adjustment Application, A grandfathered noncitizen (whether a principal or derivative beneficiary), including verifying that the qualifying immigrant visa petition or permanent labor certification application was properly filed on or before April 30, 2001 and was approvable when filed; or. SeeINA 245(m)and8 CFR 245.24. 1464, 1530 (October 28, 2000) and Sections 811, 814, and 823 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005),Pub. To distribute the visas among all preference categories, DOS allocates the visas by providing visa numbers according to the prospective immigrants: Countryto which thevisa will be charged (usuallythecountry of birth);[20]and. USCIS approves a replacement EAD for the same validity dates and category as the original EAD. If the applicant is eligible for employment authorization, which may include, if applicable, meriting a favorable exercise of discretion USCIS approves the application and issues an Employment Authorization Document (EAD) on Form I-766. Theofficer should determine that the applicant is either employed by the petitioner or the job offer still exists, that the employer continues to have the financial means to employ the applicant. While the current administration has made some useful changes, including noted policies, the COVID-19 pandemic has contributed to the continued slowdown. [^ 22]Form I-797 is contained in the A-file. See Part L, Refugee Adjustment [7 USCIS-PM L] and Part M, Asylee Adjustment [7 USCIS-PM M] for more information on the exception for asylee and refugee derivatives adjusting status. So that we stay current Im postingmy questionso I can get timelines and answers from peopleand see what theyexperienced from the same email for this year 2019. See Section 804 of the Violence Against Women Reauthorization Act of 2013,Pub. An applicant may also renew the adjustment application in any subsequent removal proceedings.[7]. SeeINA 237(a)(4)(A)orINA 237(a)(4)(B). Employment-based I-485 cases are often adjudicated without interviews. Despite this fact, applicable regulations[34]prevent USCIS from rejecting applications within that particular month, regardless of the actual availability of visa numbers. [^ 49]See9 FAM503.2-4(A), DerivativeChargeability. Security Checks and National Security Concerns. It was assigned to an officer per USCIS last Friday. The USCIS California Service Center reply was " Your case is currently being adjudicated. Phone - Contact the National Visa Center at 603-334-0700. If applicable, an officer must take special priority dateandvisa classification rules into consideration when determining visa availability. Anofficer must consider activities, noncitizens, and organizations described in statute,todetermine if a national security concern exists. [^ 21] Initial EAD is automatically issued upon approval of Application for Family Unity Benefits (Form I-817). To check your USCIS case status by phone, call 1-800-375-5283. [^ 13]SeeINA 201(b)for a complete listing. [^ 44] Includes two groups of applicants who may be eligible for employment authorization; an applicant who filed an Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA) (Form I-881) and the application remains pending with the asylum office or with Executive Office for Immigration Review (EOIR), and an applicant who filed for suspension of deportation or cancellation of removal directly with EOIR. Some employment-based adjustment applicants may overcome adjustment bars under the provisions ofINA 245(k). [^ 3]SeeINA 245(a). Secure .gov websites use HTTPS 8 CFR 103.2 - Submission and adjudication of benefit requests, 9 FAM 503.3-2 - Determining priority dates, INA 209, 8 CFR 209 - Adjustment of status of refugees and asylees, INA 212(a) - Excludable aliens; classes of aliens ineligible for visas or admission, INA 213A,8 CFR 213a - Requirements for sponsor's declaration of financialsupport, INA 245(c) - Bars to adjustment of status, INA 245(i), 8 CFR 245.10 - Adjustment of status of certain aliens physically present in the United States, INA 245(k) - Inapplicability of certain provisionsfor certain employment-based immigrants, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, I-140,Immigrant Petition for Alien Worker, I-360, Petition for Amerasian, Widow(er), or Special Immigrant, I-485, Application to Register Permanent Residence or Adjust Status, I-693, Report of Medical Examination and Vaccination Record, I-864, Affidavit of Support Under Section 213A of the INA, I-864A, Contract Between Sponsor and Household Member, I-864EZ, Affidavit of Support Under Section 213A of the INA, How to Use the USCIS Policy Manual Website (PDF, 2.99 MB). [^ 30] If the noncitizen is in the United States, the initial EAD is automatically issued upon approval of the Petition for U Nonimmigrant Status (Form I-918). Sometimes thedemandfor immigrant visasis less thanthesupply in a particular immigrant visa preference category and country of birth (or country of chargeability). The distinction between accompany and follow to join is relevant for certain visa classifications that may allow for one but not the other. [^ 48] Generally, the noncitizen must establish an economic necessity for employment, see 8 CFR 274a.12(c)(14). Can you hear me? They have zero transparency and every CSR I have spoken withcouldn't be more unhelpful or unfriendly. Hope your experience is different , but I wouldnt expect much. An applicant may submit a motion to reopen or a motion to reconsider by filing a Notice of Appeal or Motion (Form I-290B) within 30 days of the denial (33 days if denial notice was mailed to the applicant). 7 USCIS-PM C - Part C - 245(i) Adjustment. [^ 8] With limited exceptions, applications under 8 CFR 274a.12(c) are granted in the discretion of USCIS. See8 CFR 245.1(a). View case status online using your receipt number, which can be found on notices that you may have received from USCIS. [^ 25] See Section 1504 of the LIFE Act Amendments of 2000, Pub. For employment-based immigrants, the priority date isestablished on the earliest of: The date the petition was properly filed with USCIS;[23]or, The date thepermanentlabor certification application[24]was accepted for processing by the Department of Labor (DOL),when a labor certification is required.[25]. This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. Employment authorization and EAD validity periods are generally determined based on the eligibility category that is granted. Residingwith either adoptive parent will meet the joint residence requirement with respect to each adoptive parent. Immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available. For more information on SSR, see Volume 2, Nonimmigrants, Part F, Students (F, M), Chapter 6, Employment, Section C, Severe Economic Hardship Due to Emergent Circumstances [2 USCIS-PM F.6(C)]. Up to 5,000 T nonimmigrants are allowed to adjust status each year. ALERT:On June 22, 2021, the U.S. District Court for the Northern District of California, inBehring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated theEB-5 Immigrant Investor Program Modernization Final Rule (PDF). [^ 8]For more information, see Section C, Verify Visa Availability, Subsection 6, Derivatives [7 USCIS-PM A.6(C)(6)]. 'Adjudicated' means a human, an adjudicator, is looking at it. In all cases where USCIS denies the application for reasons not contained in the original decision, USCIS first issues a NOID to provide the applicant with an opportunity to review and rebut the additional denial grounds.[71]. In such cases, USCIS also determines whether the application should be granted in the exercise of discretion. Looking for U.S. government information and services? 1464, 1532 (October 28, 2000), Section 1505 of the LIFE Act Amendments,Pub. [^ 10]See22 CFR 40.1(a)(2). On 01/08/2020, you or your representative contacted USCIS concerning your I-765 to notify us that you were requesting an expedited review of your case. You may inquire about your case status without a receipt number. This technical update replaces all instances of the term foreign national with alien throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. Priority Dates for Family-Sponsored Preference Cases. [^ 17] Extension of stay is granted in 2-year intervals awaiting approval of Petition for Alien Relative (Form I-130). You should receive a notice of action* within 45 days. [11] Portability allows the applicant toaccept an offer of employment witheitherthe petitioner or a differentemployer in the same or similar occupational classification as the position for which the petition was approved. These bars preclude certain applicants from adjusting status, including those who have violated their status, failed to maintain valid status, or worked without authorization. Persons granted T nonimmigrant status (human trafficking victims); Persons granted U nonimmigrant status (crime victim);[63]and, Certain qualified noncitizens as described under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA).[64]. Theofficer should also confirm that the applicant continues to meet all eligibility requirements through the date of final adjudication, including reviewing the following: If applying underINA 245(a), an applicant must have beeneitherinspected and admitted,orinspected andparoled,and must not be subject to any of the bars to adjustment specified inINA 245(c). Speed Up Your Immigration Case With Help From Your Congressman. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. The approval of Form I-765 does not grant the applicant an immigration status; it simply provides authorization to work and accompanying evidence of such authorization, or evidence of authorization to work where a noncitizen is already authorized to work by virtue of the applicants immigration status or circumstance. The legal term for this lawsuit is called mandamus, but it does not require the agency to approve an application. 2763, 2763A-325 (December 21, 2000). This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. U.S. 6 USCIS-PM G.1 - Chapter 1 - Purpose and Background, 6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements, 7 USCIS-PM A.3 - Chapter 3 - Filing Instructions, 7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review, 7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act, 7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements, 7 USCIS-PM B.8 - Chapter 8 - Inapplicability of Bars to Adjustment. See Arrival/Departure Forms: I-94 and I-94W webpage for more information. The EB-5 Modernization Rule, effective November 21, 2019, included priority date preservation for certain noncitizens applying for adjustment of status in the EB-5 category with a previously approved 5th preference immigrant investor petition. Additionally, applications filed under 8 CFR 274a.12 (c), with limited exceptions, are considered in the exercise of discretion. [^ 47] Generally, the noncitizen must establish an economic necessity for employment, see 8 CFR 274a.12(c)(14). A notice of intent to revoke (NOIR)[67] is necessary upon a determination that: The statement of material facts contained in the application was not true and correct; The applicant violated the terms and conditions of the approved application; The basis for the EAD is no longer valid;[68] or. You should receive a notice of action* within 45 days. [7], In cases of derivatives following-to-join, the derivatives qualifying relationship to the principal applicant must have existed when the principal beneficiary obtained lawful permanent resident status and continue to exist through final adjudication of the derivatives adjustment application for the derivative applicant to remain eligible. U.S. Apparently this young guy has come across some pretty aggressive characters on the phone. More : We have had to perform additional review, and this has caused a delay in processing time. SJordanS, April 12, 2019 in K-1 Fiance(e) Visa Case Filing and Progress Reports. Generally, in cases where USCIS denies the underlying application, the applicant remains eligible for employment authorization if the applicant timely appeals or submits a motion to reopen the decision, and the appeal or motion remains pending. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. The decision will allow the immigrant to move forward. Accompany and follow to join are terms of art and not defined within the INA. 01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to . You should receive a notice of action* within 45 days. [^ 42] See 8 CFR 214.2(g), and who presents an endorsement from an authorized representative from DOS. . Its possible it triggered them to pull off the dusty shelf, assign to an officer and start the servicing. After placing an inquiry online on 4/4 with USCIS after 6 months of waiting for my NOA2, I got this email today: Your case is currently being adjudicated. Back to Green Card Discussion Forum (I-485) Ask a Lawyer. RD : April 2020 Application : i539 + i765, New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Immigration laws specify acts, conditions, and conduct thatcan makenoncitizensineligible foradjustment of status. I wouldn't get your hopes up on this one. May may may. Inall cases wherecross-chargeability provisions apply, the files should be forwarded to the adjudicating officer with a notation that indicates possible cross-chargeability. [^ 60] Initial and renewal requests for employment authorization under this category are adjudicated on Form I-765V. When requests for employment authorization, an EAD, or both are based upon an underlying period of admission or status, the validity period generally coincides with that authorized period of admission or status. Oh I dont pay attention to VJ timeline at all. Volume 1 - General Policies and Procedures, Volume 9 - Waivers and Other Forms of Relief, Volume 11 - Travel and Identity Documents, Volume 12 - Citizenship and Naturalization, Part A - Employment Authorization Policies and Procedures. [^ 16] Validity period for EADs within this category is to expiration date of Arrival-Departure Record (Form I-94) or to the end of Application to Extend/Change Nonimmigrant Status (Form I-539) validity period not to exceed 2 years. Using the website will require a NVC case number for immigrant visas and . The officer must verify that the applicant meets all the relevant eligibility requirements, including that the applicant merits the favorable exercise of discretion, before approving the application to adjust status under INA 245(i). Your Congressman can help speed up your immigration case with USCIS, as USCIS is one of several U.S. federal agencies under the direct oversight of the U.S. Congress. A .gov website belongs to an official government organization in the United States. It says to just wait. [^ 67]SeeINA 212(a)(3)(A)(i)(I)andINA 237(a)(4)(A). [^ 21]For more information, see theVisa Availability and Priority Dates webpage. So before I decided to post this, I did a research here on the same topic and found some but they were dated 2017 or earlier. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify the validity period of employment authorization for F-1 students experiencing severe economic hardship due to emergent circumstances (also known as special student relief (SSR)). SeeINA 245(m)and8 CFR 245.24. The officermust verify the status of any underlying immigrant visa petition or other basis for immigrating prior to adjudicating the adjustment application. [^ 62] See 8 CFR 274a.12(c)(5) and 8 CFR 274a.12(c)(35). 7 USCIS-PM A.4 - Chapter 4 - Documentation. Persons who obtain relief through a private immigration bill signed into law. To adjust status to a lawful permanent resident, an applicant must first be eligible for one of the immigrant visa categories established by the Immigration and Nationality Act (INA) or another provision of law. However, an applicant may submit a motion to reopen or reconsider. Priority Dates for Employment-Based Preference Cases. There would be internal agency metrics keeping track of the service enquires and requiring the closure of each enquire within 45days , but the closing of an enquirydoesnot mean they must actually do something with the application.. just have responded to the service request. [^ 56] See Section 1104 of the LIFE Act Amendments, Pub. 2960, 3057-58 and 3063 (January 5, 2006); dependent status under the Haitian Refugee Immigrant Fairness Act (HRIFA), Division A, Section 902 ofPub. The denial notice should include instructions for filing a Notice of Appeal or Motion (Form I-290B). See 8 CFR 245a.34(c). [^ 26] See Section 1504 of the LIFE Act Amendments of 2000, Pub. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. After placing an inquiry online on 4/4 with USCIS after 6 months of waiting for my NOA2,I got this email today: Your case is currently being adjudicated. This does not include immediate family members. [^ 7] For further guidance on evidence, see Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence [1 USCIS-PM E.6]. I have applied OPT on April 25th Since then it was Initial Review.Called USCIS Several times and expedite my case but still there is no change few days ago i got a email saying that " Your case is currently being adjudicated. Nebraska is taking 13 to 27.5 months; Potomac is taking 13 to 19 months; Texas is taking 13.5 to 18 months; and Vermont is taking 11.5 to 17.5 months. Determine that an immigrant visa is immediately available for the applicants underlying immigrant category.[4]. If this happens, you can make an online inquiry. The officer must provide the applicant a written reason for the denial. U.S. Department of State (DOS) is the agency that allocates immigrant visa numbers. In this case, the officer should hold the final adjudication of the adjustment application in abeyance in order to locate the underlying petition andthen verifythatthe petition is still valid andthe applicant remains eligible for the classification. As a matter of procedure, any underlying petition is typically ordered prior to any interview and before final adjudication ofForm I-485. [2], To grant employment authorization, and issue an EAD, or both, USCIS must verify the applicants identity. If a particular applicant is ineligible for adjustment due to an issue not related to visa availability, the case may be denied accordingly because visa availability is not relevant. [63] There is no appeal from a denial of a Form I-765. [^ 59] Initial and renewal requests for employment authorization under this category are adjudicated on Form I-765V. [^ 5] CBP implemented an electronic, automated I-94 process whereby CBP issues an electronic Form I-94. I would also contact your local congressman NOW and have things queued up and ready to go should you needhis/her involvement later (i.e. *A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice, Request for Evidence, or Notice of Intent to Deny. Well except for one young guy not a T2 who actually thanked me for being so polite if you can believe it. For employment authorization incident to status, the validity period is assigned to the document issued evidencing a noncitizens authorization to work in the United States and does not limit the period of employment authorization while the noncitizen maintains status. See Illegal Immigration Reform and Immigrant Responsibility Act, Division C ofPub. If the BIA sustains the IJs decision, however, the denial becomes administratively final, and the application may no longer serve as a basis for employment authorization. 2763, 2763A-325 (December 21, 2000). Immigrant visa numbers for family-based and employment-based immigrant preference categories as well as the Diversity Visa program are limited, so they are not always immediately available. L. 106-554 (PDF), 114 Stat. If USCIS grants a motion to reopen or an appeal on the underlying application, the applicant is eligible for employment authorization if all other requirements are met. In the past, DOS has notified USCIS that several visa preference categories have become fully subscribed within days of publication of the monthly Visa Bulletin. [^ 46] CNMI refers to the Commonwealth of the Northern Mariana Islands. The officermust confirm that the applicant is admissible to the United States or that any inadmissibilities are waived before making a final determination on an adjustment application.[51]. What does this mean : Your case is currently being adjudicated. [^ 37]See9 FAM502.1-1(C)(2),Derivative Applicants/Beneficiaries. [^ 5]SeeINA 204(l)for exceptions due to death of the petitioner or principal beneficiary. your case is currently pending adjudication??? In general, a national security concern exists whena person or organization has been determined to have a link to past, current, or planned involvement in an activity or organization involved in terrorism, espionage, sabotage, or the illegal transfer of goods, technology, or sensitive information. Not weekly. INA 245(i), 8 CFR 245.10 - Adjustment of status of certain aliens physically present in the United States, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, I-485Supplement A, Adjustment of Status Under Section 245(i), I-485, Application to Register Permanent Residence or Adjust Status, How to Use the USCIS Policy Manual Website (PDF, 2.99 MB). We recently contacted uscis to ask about our I129F RFE taking longer than expected and they recently sent us a email saying "your case is currently being adjudicated, you should receive a notice of action within 45 days" I know it says within 45 days but does anyone have any idea if they are currently working on it and should I expect an answer soon? [^ 23]Immigrant Petition for Alien Worker (Form I-140); Petition for Amerasian, Widow(er), or Special Immigrant(Form I-360); or Immigrant Petition by Alien Investor (Form I-526). This is called visa retrogression,whichoccurs when more people apply for a visa in a particular category than there are visas available for that month. An officer approves a motion and reopens the Form I-765 if the applicant meets the motion requirements and has submitted evidence to overcome all reasons for the original denial. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. *A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice , Request for Evidence, or Notice of Intent to Deny. Once you set up your USCIS account, login and click on the "Menu" option in the top right hand corner. If a copy of a tax return is submitted, then copies of W-2s or 1099s must also be submitted. That means you have to wait for the USCIS to complete processing, and hopefully approve, the petition before you can start working. [^ 37] Validity period may not exceed program end date. For the two times that I have been able to make the "processing taking too long" inquiry, I got a relatively quick response like you got and sure enough it didn't take but a few more weeks I got the completed notice in one case and the name change on my green card in my other case. Official websites use .gov I raised a SR for case outside normal processing time and today I received this response..What does this mean? [^ 65]SeeINA 212(a)(3)(A),INA 212(a)(3)(B), andINA 212(a)(3)(F). A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Save yourself a lot of aggravation. Final adjudication cannot be completed untilavisa has been requested and DOS approves the visa request. Share sensitive information only on official, secure websites. See Chapter 7, Child Status Protection Act [7 USCIS-PM A.7]. Although a visa is immediately available to Section 13-based adjustment applicants at the time of filing, there is an annual cap on the number of adjustments allowed each year. [8], If the principal beneficiary becomes a permanent resident and loses his or her permanent resident status or naturalizes prior to the derivatives adjustment, the derivative is no longer eligible for the classification as an accompanying or following-to-join family member. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. Applicants in these categories need not file Form I-864. Your case is currently being adjudicated. But the best you can do for purposes of estimating case processing time is to start with the list below. Once USCIS accepts the Application for Employment Authorization (Form I-765), USCIS reviews the application for completeness and submission of the required initial evidence. [^ 54]For more information, see Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility [8 USCIS-PM B]. The applicant becomes a lawful permanent resident as of the date USCIS approves the adjustment application. Log in Now Regulatory Resources Law Links Adviser's Manual 360 NAFSA Regulatory Engagement [^ 17]Some adjustment programs that are otherwise different from general adjustment include: the Cuban Adjustment Act,Pub. The assigning of the enquiryto an agent is not the same as actually moving forward on processing the application . In addition, there are a few special categories where certain additional family members qualify as derivative applicants and may adjust status. [^ 71]SeeINA 212(a)(3)(F)andINA 237(a)(4)(B). That rule, however, was vacated on June 22, 2021. 2021). Actually what I sent was I did not receive my approval notice. The officer should consider the totality of the circumstances to determine whether an articulable link exists between the applicant (or organization)and prior, current, or planned involvement in, or association with an activity,anyapplicant (or organization)described in any of these sections. [^ 9]SeeINA 203(d)andMatter of Naulu (PDF), 19 I&N Dec. 351 (BIA 1986). [9]Furthermore, a derivative may not be granted permanent resident status prior to the principal beneficiarys obtaining permanent resident status, because the derivative has no right or eligibility for the classification apart from the eligibility of the principal beneficiarys status, with the exception of U nonimmigrants, asylees, and refugees.[10]. Your case is currently in line for processing and adjudication. U.S. I hope you hear something favorable soon. 10 USCIS-PM A.4 - Chapter 4 - Adjudication.
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